Madras High Court
Velmurugan vs Gangadevi on 7 November, 2024
Author: J. Nisha Banu
Bench: J.Nisha Banu
C.M.A.No.4573 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
AND
THE HONOURABLE MR. JUSTICE R.SAKTHIVEL
C.M.A.No.4573 of 2019
Velmurugan ..Appellant
Vs.
Gangadevi ..Respondent
Prayer: Civil Miscellaneous Appeal filed under Section 19 of Family
Court Act, against the order and decree dated 20.09.2019 in
M.O.P.No.187 of 2012 passed by the learned Family Court Judge,
Pondicherry.
For Appellant : Mr.S.Natarajan
For Respondent : Mr.V.Kamalakumar
JUDGMENT
(The Judgment of the Court was made by Mrs.J.Nisha Banu,J.)
This civil miscellaneous petition has been filed by the
appellant/husband against the fair and decreetal order dated 20.09.2019
in M.O.P.No.187 of 2012, on the file of the Family Court, Pondicherry,
https://www.mhc.tn.gov.in/judis
filed by the appellant /husband for grant of divorce on the ground of
desertion.
2. The matter was referred to mediation vide an order dated
29.07.2024 at the instance of the learned counsel for the appellant as well
as the respondent.
3. In the mediation, the parties with the assistance of the Mediator
arrived at an amicable solution resolving all disputes and differences and
also arrived at a Settlement Agreement in the presence of the Mediator.
Learned counsel for the appellant and the learned counsel for the
respondent filed a Settlement Agreement dated 06.11.2024 duly signed
by the parties and their respective counsel.
4. Learned counsel appearing on either side would state that the
Civil Miscellaneous Appeal may be disposed of in terms of the
Settlement Agreement arrived between the parties before the Mediator.
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5. The Settlement Agreement dated 06.11.2024, is extracted
hereunder:
''SETTLEMENT AGREEMENT
The appellant and the respondent hereinafter collectively
referred to as the 1st party and 2nd party respectively state as
follows:-
Mr.Velmurugan, son of Mr.Palanisamy, age about 43 years,
Hindu, residing at No.14, Indira Nagar, Sanyasikuppam
Village, Thirubuvanam Post, Pondicherry, who is the
appellant.
Mrs.Gangadevi, daughter of Mr.Parasuraman, aged about
42 years, Hindu, residing at No.34, Cuddalore Road,
madagadipetpalayam, Pondicherry, who is the respondent.
1. The appellant has filed C.M.A.No.4573 of 2019
against the order dated 20.09.2019 passed in
M.O.P.No.187 of 2012 and seeking divorce against the
respondent on the ground of desertion.
2. The case was referred to mediation vide an order
dated 29.07.2024 passed by the Hon'ble High Court on
06.08.2024, wherein Mr.E.Sathish Kumar and Ms.J.Sudha
have been appointed as the Mediators.
3. The parties hereto confirm and declare that they
have voluntarily and of their own free will arrived at this
Settlement Agreement in the presence of the Mediators.
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WITNESSETH:
Whereas the parties have been married on 08.02.2009 at
Sri Sivagnana Balaya Swamigal Thirumadam in Sr.Siva
Subramaniya Thirukoil, Mayilam and Reception was held at
Om Sakthi Subhiksh Mahal, Vadamangalam as per Hindu
rites and customs.
And Whereas there is a girl child born in the legal wedlock
named V.Suganthi, born on 02.11.2009.
And Whereas the parties have been at Loggerheads,
litigating from the year 2012.
and Whereas during the process of mediation and after due
discussions on 02.09.2024 and 03.10.2024, the parties have
mutually agreed to settle their disputes amicably on the
terms reduced to writing hereunder.
THE FOLLOWING SETTLEMENT HAS BEEN ARRIVED
AT BETWEEN THE PARTIES HERETO:
1. The parties declare that the material articles viz.,
Sridhana and Jewellery have been exchanged between them
and they have no claims against each other in this regard.
2. The appellant has paid the sum of Rs.35,00,000/- (Rupees
thirty Five Lakhs only) vide DD.No.027886 dated
04.11.2024 drawn on Central Bank of India in favour of
V.Suganthi towards the full and final settlement for furture
maintenance of his daughter.
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3. The 2nd party hereby agrees to the CMA being allowed in
terms of this compromise without admitting the accusation
of desertion.
4. The 1st party hereby waives his rights of visitation to the
minor child V.Suganthi and the 2nd party hereby waives her
rights of claiming in future for any maintenance and
alimony.
5. The 1st party has no objections to the 2nd party being the
guardian of the minor child.
6. The 2nd party hereby agrees to withdraw the D.V.C.No.02
of 2021 pending on the file of Judciial Magistrate Court
No.IV, Puducherry.
7. The 1st party hereby agrees to withdraw the appeal filed
by him in Crl.A.No.04 of 2022 pending on the file of IInd
Additional District Court, Puducherry.
By signing this Agreement the parties ehreto state that they
have no further claims or demands against each other and
all disputes and differences in this regard have been
amicably settled by the parties hereto through the process
of Mediation.''
6. Thus in terms of the Settlement Agreement,
(i) there shall be decree for divorce between the appellant and the
respondent.
https://www.mhc.tn.gov.in/judis
J. NISHA BANU, J.
and
R.SAKTHIVEL,J.
sk
(ii) the order dated 20.09.2019, passed in M.O.P.No.187/2012, is
hereby set aside.
7. Accordingly, this Civil Miscellaneous Appeal is disposed of.
The Settlement Agreement dated 20.09.2024, filed by the parties shall
form part of the decree. No costs.
(J.N.B,J.) (R.S.V., J.)
07.11.2024
sk
To
The Family Court, Pondicherry.
https://www.mhc.tn.gov.in/judis
